Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-12
APPLICATION FOR PATENT.

Where papers have once been filed with tho
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned. but must be Transmitted to the Gen
eral Land Office.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First = The notice was published without the
knowledge Of the Register.
Second-The notice was not published in Q
new designated 90 published nearestt the
claim.
Third--Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending = suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not iecsted In accord
ance with law.
Where several parties W separate and dis
tinct portions Of o claim, application for
patent may be made by either for tn at portion
Of the claim owned by him. but where several
parties own undivided interests in : mining
claim all should join in an application for y
patent.
A person or association may purchase as
many placer locations az the local law admits,
and embrace them all in one application for y
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act AZ q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In sl patents for mining claims situated
within the interior boundaries OF q town site
q clause Is inserted "excepting and excluding
all town property, rights upon the surface.
and all houses. buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and oil rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made u only
one newspaper for the period Of co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud In daily
newspapers 60 days must elapse between the
fret aud last insertions.
Where the Register designstes the 4 aily issue
Of q newspaper for publication of notices of .
mining application for patent Ii is not d com.
pliance with law 10 change to tho weekly edit
ton OF the same paper without authority Of
the Register.
The existence OF O salt spring on q tract OF
land withdrAws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character of such land 10 not flowed Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim sgsinst each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn, but becomes s part Of the
record.
When an adverse claim has been filed it eau.
not be amended so az to embrace q larger per
ton OF the premises than that described In the
original adverse claim.
An adverse claim must BIO made ont In
proper form and filed In the proper local OH CO
during the period Of publication OF the Appli-
cation for the patent to DO effective.
1t is the duty OF the adverse claimant Q
commence suit In proper form within the re-
quired time, and If he trusts The uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue. through misfortune OF accident. Should
the failure to commence suit be the result OF
the corrupt or dishonest action Of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions OF Law. without stating the
facts specially. Will not he considered iu evil
denee.
An adverse claimant should show O compli-
ance with the local law In recording hts claim
and In regard to expenditures. and shall nle q
| copy Oh the original notlco OF MS LOCATION, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANps.
Where land is Of little. IL any value, for A2ri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been Included in IA Agricultural
entry, said entry will be canceied al any time
prior to issuance of patent. npon satisfactory
evidence OF the existence Of such valuable de.
posits.
Where valuable deposits of mineral are die.
covered upon . tract sitter the same ias been
entered 40 agricultural. but before / ,tent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has beon
issued to an Agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.